The College of Radiographers (CoR) is putting out a call for experienced radiographers and sonographers to join its expert witness list.
CoR regularly receives requests from solicitors seeking to contact members who are willing, trained and able to act as an ‘expert witness’ in medico-legal cases, where a civil claim for negligence has been made by or on behalf of a client.
There are also requests for experts to review documentation for fitness to practise cases and other circumstances relating to radiography or ultrasound practice such as assisting the coroner during an inquest.
It is important for patients, the NHS and the profession that we have members who are able to offer an objective opinion on any particular case within their scope of practice.
Being an expert witness is a challenging, yet fulfilling role, during which you will develop many transferable skills which can be recorded within your CPD portfolio. It can also help towards evidencing your level of clinical practice and professional involvement for advanced or consultant level practice roles.
Being an expert witness
Expert witnesses work independently of the CoR and must ensure they have the appropriate skills, experience and knowledge to be able to comment on a specific case and meet the requirements of the Guidelines of the Academy of Medical Royal Colleges.
They should also have separate professional indemnity insurance (PII) to cover them for their work as an expert witness (please note that SoR secondary PII does not cover this work).
An expert witness should have:
- Extensive current clinical experience. A solicitor will look at the CVs and determine who is likely to be a credible ‘expert’ in the field.
- Specific expertise in an area of practice. An expert will be asked to comment on examinations performed by others, so must have a high level of expertise in that area.
- Current knowledge and skills in the area. Solicitors want to know that the expert has a good understanding and experience of relevant practice at the time of the case (can be historic in obstetric and paediatric cases). They also need an ability to assess what is within and outside their scope of practice.
- Ability to review documentation thoroughly and impartially. Experts will need to review documentation, evidence from national guidelines, protocols and literature to produce an impartial report, showing clear unbiased rationale for their statements. A minimum of a post graduate diploma in the area of practice is usually expected, although higher degrees may be preferred by the instructing legal team.
- Ability to write and verbalise complex information in a clear and concise manner. An expert will be expected to speak to solicitors and possibly barristers, write a comprehensive report and may be required to defend their report in court or other formal situations under cross examination.
Do you meet these requirements?
The CoR holds a list of expert witnesses. We send requests to members on that list when solicitors or agencies working on behalf of solicitors share new cases. There is no requirement to take on a case if you do not wish to do so or if it is outside your scope of practice.
The CoR will be holding an online training event later in the year, by invitation only, for those new to the role who have been provisionally accepted after submitting an application and existing experts.
The event is run by Bond Solon, with input from experienced members on the expert witness list. Numbers are limited, as this will be an interactive webinar.
Learn more
The CoR have published a comprehensive introductory guidance document which has information about the expert witness role: College of Radiographers (2023) The role of the expert witness: A guide for clinical imaging and therapeutic practitioners.
Learn more about the role and submit an application to join the list on the CoR’s website ‘Expert Witnesses and the CoR List’.
It is an expectation that anyone accepted onto the list has attended, as a minimum, the introductory study day and completed the e-learning for healthcare module [Clinical Imaging - 13 Forensic Radiography - 13_08 Image Interpretation - Forensic Radiography: The Imaging Practitioner as an Expert Witness] ‘The imaging practitioner as an expert witness.’
Further resources:
General Medical Council (2024) Providing witness statements or expert evidence as part of legal proceedings
Medical Defence Union (2013) Acting as a medical expert witness
For additional information about the expert witness list or the role, please contact [email protected].
(Image: Photo by gregobagel via Getty Images)